16.96 Cross-reference
Cross Reference: See also s.
Adm 3.01, Wis. adm. code.
16.964
16.964
Office of justice assistance. 16.964(1)
(1) The office of justice assistance shall:
16.964(1)(a)
(a) Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974,
P.L. 93-415.
16.964(1)(b)
(b) Prepare a state comprehensive juvenile justice improvement plan on behalf of the governor. The plan shall be submitted to the joint committee on finance in accordance with
s. 16.54 and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state's juvenile justice needs and problems.
16.964(1)(c)
(c) Recommend appropriate legislation in the criminal and juvenile justice field to the governor and the legislature.
16.964(1)(d)
(d) Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system.
16.964(1)(e)
(e) Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes.
16.964(1)(f)
(f) Maintain a statistical analysis center to serve as a clearing house of justice system data and information and conduct justice system research and data analysis under this section.
16.964(1)(g)
(g) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The office may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data requested by the federal bureau of investigation under its system of uniform crime reports for the United States.
16.964(1)(h)
(h) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under
par. (g), the time it is to be forwarded, the method of classifying and any other matters that facilitate collection and compilation.
16.964(2)
(2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office with the information described in
sub. (1) (g) on the basis of the forms or instructions or both to be supplied by the office under
sub. (1) (g).
16.964(3)
(3) The governor shall appoint an executive director under
s. 15.105 (19) outside of the classified service.
16.964(4)
(4) In regard to any grant the office makes to any local unit of government for which the state is providing matching funds from moneys under
s. 20.505 (6) (kp), the local unit of government shall provide matching funds equal to at least 10%. This subsection does not apply to grants made to improve the enforcement of laws regarding controlled substances commonly known as club drugs, including ecstasy, and to educate the public regarding the nature and impact of those controlled substances and the criminal penalties that apply to possessing, manufacturing, distributing, or delivering them unlawfully.
16.964(5)(a)(a) The office shall provide grants from the appropriation under
s. 20.505 (6) (c) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.
16.964(5)(b)
(b) A city applying to the office for a grant under this subsection shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under this subsection may be used for salary and fringe benefits only. Except as provided in
par. (c), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties.
16.964(5)(c)
(c) During the first 6 months of the first year of a grant, a city may, with the approval of the office, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the office for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year's grant for overtime costs, the city shall provide the office with all of the following:
16.964(5)(c)1.
1. The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime.
16.964(5)(c)2.
2. The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties.
16.964(5)(c)3.
3. Documentation that a sufficient amount of the grant for the first year will be available, during the period remaining after the payment of overtime costs, to pay the salary and fringe benefits of the same number of uniformed officers whose primary duty is beat patrolling that the grant originally planned to pay.
16.964(5)(d)
(d) The office shall develop criteria which, notwithstanding
s. 227.10 (1), need not be promulgated as rules under
ch. 227, for use in determining the amount to grant to cities under this subsection. The office may not award an annual grant in excess of $150,000 to any city. The office shall review any application and plan submitted under
par. (b) to determine if that application and plan meet the requirements of this subsection. The grant that a city receives under this subsection may not supplant existing local resources.
16.964(5)(e)
(e) A city may receive a grant for 3 consecutive years without submitting a new application each year. For each year that a city receives a grant, the city shall provide matching funds of at least 25% of the amount of the grant.
16.964(5)(f)
(f) The office may make grants to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for grants under this paragraph shall be determined and allocations made as provided in this subsection.
16.964(6)(a)(a) In this subsection, "tribe" means a federally recognized American Indian tribe or band in this state.
16.964(6)(b)
(b) From the appropriation under
s. 20.505 (6) (ks), the office shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the office that includes a proposed plan for expenditure of the grant moneys. The office shall review any application and plan submitted to determine whether that application and plan meet the criteria established under
par. (c). The office shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.
16.964(6)(c)
(c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
16.964(7)(a)(a) From the appropriation under
s. 20.505 (6) (kq), the office shall provide grants to counties to fund county law enforcement services. The office may make a grant to a county under this subsection only if all of the following apply:
16.964(7)(a)1.
1. The county borders one or more federally recognized Indian reservations.
16.964(7)(a)2.
2. The county has not established a cooperative county-tribal law enforcement program under
s. 165.90 with each federally recognized Indian tribe or band that has a reservation bordering the county.
16.964(7)(a)3.
3. The county demonstrates a need for the law enforcement services to be funded with the grant.
16.964(7)(a)4.
4. The county submits an application for a grant and a proposed plan that shows how the county will use the grant moneys to fund law enforcement services.
16.964(7)(b)
(b) The office shall review an application and plan submitted under
par. (a) 4. to determine if the application and plan meet the requirements of
par. (a) 1. to
3. and the criteria established under
par. (c). The office may not award an annual grant in excess of $50,000 to any county under this subsection.
16.964(7)(c)
(c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
16.964(8)(a)(a) From the appropriations under
s. 20.505 (6) (d) and
(kj), the office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding
s. 16.75, the office may enter into a contract under this paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
16.964(8)(b)
(b) From the appropriation under
s. 20.505 (6) (km), the office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under
par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.
16.964(8)(c)
(c) From the appropriations under
s. 20.505 (6) (d) and
(kj), the office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s.
301.265 (3), 1995 stats. Notwithstanding
s. 16.75, the office may enter into a contract under this paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.
16.964(9)
(9) From the appropriations under
s. 20.505 (6) (kp) and
(p), the office of justice assistance shall provide $185,000 annually to the department of health and family services to distribute the following grants for children's community programs:
16.964(9)(a)
(a) A grant in the amount of $80,000 in each fiscal year to the Career Youth Development Center in the city of Milwaukee for the operation of a minority youth substance abuse treatment program.
16.964(9)(b)
(b) A grant in the amount of $5,000 in each fiscal year to the Milwaukee Police Athletic League to purchase sports and recreational equipment for a gymnasium facility located at 2449 N. 36th Street in the city of Milwaukee and for a gymnasium facility located at 2544 N. 30th Street in the city of Milwaukee, and to contribute to the operating expenses of those gymnasium facilities.
16.964(9)(c)
(c) A grant in the amount of $50,000 in each fiscal year to court-appointed special advocate programs that are recognized by a chief judge of a judicial administrative district under
s. 48.07 (5) to perform advocacy services in proceedings under
s. 48.13.
16.964(9)(d)
(d) A grant in the amount of $50,000 in each fiscal year to the Children's Safe House Child Care Program in Kenosha County for the operation of that program.
16.965
16.965
Planning grants to local governmental units. 16.965(1)(a)
(a) "Local governmental unit" means a county, city, village, town or regional planning commission.
16.965(1)(b)
(b) "Smart growth area" means an area that will enable the development and redevelopment of lands with existing infrastructure and municipal, state and utility services, where practicable, or that will encourage efficient development patterns that are both contiguous to existing development and at densities that have relatively low municipal, state governmental and utility costs.
16.965(2)
(2) From the appropriations under
s. 20.505 (1) (cm) and
(if), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in
s. 66.1001 (2).
16.965(3)
(3) Prior to awarding a grant to a local governmental unit under
sub. (2), the department shall forward a statement of the expenditures proposed to be made under the grant to the Wisconsin land council for its written approval. The council may approve or disapprove any proposed grant.
Effective date note
Note: Sub. (3) is repealed eff. 9-1-05 by
1999 Wis. Act 9.
16.965(4)
(4) In determining whether to approve a proposed grant, preference shall be accorded to applications of local governmental units that contain all of the following elements:
16.965(4)(a)
(a) Planning efforts that address the interests of overlapping or neighboring jurisdictions.
16.965(4)(b)
(b) Planning efforts that contain a specific description of the means by which all of the following local, comprehensive planning goals will be achieved:
16.965(4)(b)1.
1. Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.
16.965(4)(b)2.
2. Encouragement of neighborhood designs that support a range of transportation choices.
16.965(4)(b)3.
3. Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.
16.965(4)(b)4.
4. Protection of economically productive areas, including farmland and forests.
16.965(4)(b)5.
5. Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.
16.965(4)(b)6.
6. Preservation of cultural, historic and archaeological sites.
16.965(4)(b)7.
7. Encouragement of coordination and cooperation among nearby units of government.
16.965(4)(b)8.
8. Building of community identity by revitalizing main streets and enforcing design standards.
16.965(4)(b)9.
9. Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.
16.965(4)(b)10.
10. Providing adequate infrastructure and public services and an adequate supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.
16.965(4)(b)11.
11. Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities at the state, regional and local levels.
16.965(4)(b)12.
12. Balancing individual property rights with community interests and goals.
16.965(4)(b)13.
13. Planning and development of land uses that create or preserve varied and unique urban and rural communities.
16.965(4)(b)14.
14. Providing an integrated, efficient and economical transportation system that affords mobility, convenience and safety and that meets the needs of all citizens, including transit-dependent and disabled citizens.
16.965(4)(c)
(c) Planning efforts that identify smart growth areas.
16.965(4)(d)
(d) Planning efforts, including subsequent updates and amendments, that include development of implementing ordinances, including ordinances pertaining to zoning, subdivisions and land division.
16.965(4)(e)
(e) Planning efforts for which completion is contemplated within 30 months of the date on which a grant would be awarded.
16.965(4)(f)
(f) Planning efforts that provide opportunities for public participation throughout the planning process.
16.965(5)
(5) The Wisconsin land council may promulgate rules specifying the methodology whereby precedence will be accorded to applications in awarding grants under
sub. (2).
Effective date note
Note: Sub. (5) is repealed eff. 9-1-05 by 1999 Wis. Act. 9.
16.965 Cross-reference
Cross Reference: See also ch.
Adm 48, Wis. adm. code.
16.9651
16.9651
Transportation planning grants to local governmental units. 16.9651(1)(1) In this section, "local governmental unit" means a county, city, village, town or regional planning commission.
16.9651(2)
(2) From the appropriation under
s. 20.505 (1) (z), the department may provide grants to local governmental units to be used to finance the cost of planning activities related to the transportation element, as described in
s. 66.1001 (2) (c), of a comprehensive plan, as defined in
s. 66.1001 (1) (a), including contracting for planning consultant services, public planning sessions, and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software, or the hardware required to utilize that data or software. The department may require any local governmental unit that receives a grant under this section to finance not more than 25% of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. Prior to awarding a grant under this section, the department shall forward a detailed statement of the proposed expenditures to be made under the grant to the secretary of transportation and obtain his or her written approval of the proposed expenditures.
16.9651 History
History: 1999 a. 9;
2001 a. 30.
16.9651 Cross-reference
Cross Reference: See also ch.
Adm 48, Wis. adm. code.
16.966
16.966
Land information support. 16.966(2)
(2) The department may assess any state agency for any amount that it determines to be required for the functions of the Wisconsin land council under
s. 16.023. For this purpose, the department may assess state agencies on a premium basis and pay costs incurred on an actual basis. The department shall credit all moneys received from state agencies under this subsection to the appropriation account under
s. 20.505 (1) (ks).
